Defendant's Attorney: Brett K. Baron and Olivia Lin Southam

Description: Cleveland, Ohio employment law lawyer represented Plaintiff, who sued Defendant on a wrongful denial of employee benefits.



Daniel Tymoc died in a car crash while speeding and driving recklessly. Tymoc's mother, Judy Fulkerson, pursued accidental death benefits under Tymoc's life insurance policy, issued by Unum Life Insurance Company. Unum, however, denied those benefits, invoking a policy exclusion for "losses caused by, contributed to
by, or resulting from . . . commission of a crime." Fulkerson successfully challenged Unum's interpretation of the crime exclusion in the district court and was awarded the $100, 000 accidental death benefit. Unum now appeals. Because reckless driving falls within the unambiguous plain meaning of crime, we reverse that aspect of the district court's judgment.

Outcome: "We reverse in part the judgment of the district court. Unum is entitled to judgment in its favor as to the applicability of the crime exclusion." Fulkerson

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